SENATE AMENDMENT
    Bill No. CS for SB 354
    Amendment No. ___   Barcode 244718
                            CHAMBER ACTION
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11  Senator Meek moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 20 and 21,
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16  insert:  
17         Section 2.  Section 16.57, Florida Statutes, is amended
18  to read:
19         16.57  Office of Civil Rights.--There is created in the
20  Department of Legal Affairs an Office of Civil Rights. The
21  office may investigate and initiate actions authorized by s.
22  760.51. In investigating violations of constitutional rights,
23  or rights secured by the laws of this state, under s. 760.51,
24  the Attorney General may administer oaths and affirmations,
25  subpoena witnesses or matter, and collect evidence.
26         Section 3.  Subsections (16) and (17) are added to
27  section 760.11, Florida Statutes, to read:
28         760.11  Administrative and civil remedies;
29  construction.--
30         (16)  Upon timely application, the Attorney General may
31  intervene in a civil action by a private person, the
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    4:34 PM   04/17/01                              s0354c1c-36k0w

SENATE AMENDMENT Bill No. CS for SB 354 Amendment No. ___ Barcode 244718 1 commission, or any local agency to enforce compliance with 2 this part if the Attorney General certifies that the case is 3 of general public importance. Upon such intervention, the 4 Attorney General may obtain any relief that is available to 5 the Attorney General under subsection (17) in a civil action 6 to which that subsection applies. 7 (17) If the Attorney General has reasonable cause to 8 believe that any person or group of persons is engaged in a 9 pattern or practice of resistance to the full enjoyment of any 10 of the rights secured by the State Constitution or the laws of 11 this state, that any person or group of persons has been 12 denied any of the rights secured by the State Constitution or 13 the laws of this state, or that any person or group of persons 14 has otherwise attempted to interfere with those rights, and 15 such denial or attempted interference raises an issue of 16 general public importance, the Attorney General may commence a 17 civil action in any appropriate state or federal court. In a 18 civil action brought by the Attorney General, the court may 19 award damages or injunctive or other appropriate relief for 20 violations of the rights secured by the State Constitution or 21 the laws of this state and may impose a civil penalty of not 22 more than $10,000 for each violation. The Attorney General is 23 entitled to reasonable attorney's fees and costs if the 24 Department of Legal Affairs prevails in an action brought 25 under this subsection. 26 Section 4. Subsections (9) and (10) are added to 27 section 760.34, Florida Statutes, to read: 28 760.34 Enforcement.-- 29 (9) Upon timely application, the Attorney General may 30 intervene in a civil action by a private person, the 31 commission, or any local agency to enforce compliance with 2 4:34 PM 04/17/01 s0354c1c-36k0w
SENATE AMENDMENT Bill No. CS for SB 354 Amendment No. ___ Barcode 244718 1 this part if the Attorney General certifies that the case is 2 of general public importance. Upon such intervention, the 3 Attorney General may obtain any relief that is available to 4 the Attorney General under subsection (10) in a civil action 5 to which that subsection applies. 6 (10) If the Attorney General has reasonable cause to 7 believe that any person or group of persons is engaged in a 8 pattern or practice of resistance to the full enjoyment of any 9 of the rights secured by the State Constitution or the laws of 10 this state, that any person or group of persons has been 11 denied any of the rights secured by the State Constitution or 12 the laws of this state, or that any person or group of persons 13 has otherwise attempted to interfere with those rights, and 14 such denial or attempted interference raises an issue of 15 general public importance, the Attorney General may commence a 16 civil action in any appropriate state or federal court. In a 17 civil action brought by the Attorney General, the court may 18 award damages or injunctive or other appropriate relief for 19 violations of the rights secured by the State Constitution or 20 the laws of this state and may impose a civil penalty of not 21 more than $10,000 for each violation. The Attorney General is 22 entitled to reasonable attorney's fees and costs if the 23 Department of Legal Affairs prevails in an action brought 24 under this subsection. 25 26 (Redesignate subsequent sections.) 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 1, line 7, after the semicolon, 3 4:34 PM 04/17/01 s0354c1c-36k0w
SENATE AMENDMENT Bill No. CS for SB 354 Amendment No. ___ Barcode 244718 1 insert: 2 amending s. 16.57, F.S.; providing for the 3 Attorney General to investigate violations of 4 rights secured by state law; amending s. 5 760.11, F.S.; authorizing the Attorney General 6 to intervene in certain civil actions to 7 enforce compliance with part I of ch. 760, 8 F.S.; authorizing the Attorney General to 9 commence a civil action to obtain damages or 10 other relief for a violation of rights secured 11 by the State Constitution or state law; 12 providing for a civil penalty; providing for 13 attorney's fees and costs; amending s. 760.34, 14 F.S.; authorizing the Attorney General to 15 intervene in certain civil actions to enforce 16 compliance with part II of ch. 760, F.S.; 17 authorizing the Attorney General to commence a 18 civil action to obtain damages or other relief 19 for a violation of rights secured by the State 20 Constitution or state law; providing for a 21 civil penalty; providing for attorney's fees 22 and costs; 23 24 25 26 27 28 29 30 31 4 4:34 PM 04/17/01 s0354c1c-36k0w